BHARATI GHORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application had been preferred by the petitioners challenging a memorandum dated 24th of June, 2003 by which the respondent No. 6 terminated the services of the petitioners who were working as "Anganwadi Workers" (hereinafter referred to as AWW) under Sabong Integrated Child Development Scheme (hereinafter referred to as ICDS). The facts, in a nutshell, are that the petitioners applied for participation in the selection process initiated vide memorandum dated 23rd of July, 2001 at page 42 of the writ application. The petitioners emerged to be successful in the selection process and the petitioner Nos. 1, 2 and 3 were appointed to the post of AWW under the Sabong ICDS. The petitioner No. 1 was posted at Hariharpur Prathamik Vidyalaya, the petitioner No. 2 was posted at Kharpara Prathamik Vidyalaya and the petitioner No. 3 was posted at Raichak Dayaram Prathamik Vidyalaya.

(2.) Upon availing such appointment, the petitioners discharged their duties in the said post and their appointments were approved and they were disbursed the monthly salaries. Suddenly, the petitioners were intimated by a memorandum dated 24th of June, 2003 issued by the respondent No. 6 that their services are being terminated with immediate effect, since after official investigation, it had been ascertained that the petitioners were disqualified for the post of AWW. The petitioners were not granted any opportunity of hearing and as their services were abruptly terminated, the petitioners made a representation on 7th of July, 2003 to the respondent No. 6 protesting such illegal termination.

(3.) Mr. Das, learned Advocate appearing for the petitioners, submits that the issue involved in this writ application had already been finally decided by a judgment delivered by a Hon'ble Division Bench of this Court in the case of Sonali Dolui v. State of West Bengal and others. Mr. Das further submits that they were not granted any opportunity of hearing in the alleged official investigation on the basis of which the petitioners' services had been terminated and that the reason towards such termination had also not been disclosed save and except a rider to the effect that the petitioners are disqualified "according to the existing government norms".